Diversion program established
Under the new program, those accused of minor crimes could trade their charges for substance abuse treatments, community service or participation in restorative justice initiatives.
Local leaders have established a diversion program for those charged in municipal or circuit court, legalizing a pathway for select defendants to see their charges dropped and keep their record unmarred.
Depending on their individual circumstances and the nature of their misdemeanor charge, those who enter the diversion program will have to complete some combination of mental health or substance abuse treatments, community service, or restorative justice programs.
“Diversion focuses on accountability, while allowing people to avoid consequences that criminal convictions may bring,” reads the city’s ordinance establishing the program for municipal court. “Criminal convictions can impact future employment, eligibility for student financial aid, housing, ability to own and possess firearms among other lifelong impacts. Legal consequences can be mitigated while still addressing the behavior that led to the charge and enhancing the personal responsibility of the defendant who enters and completes the program.”
The county and city governments agreed in May to apply for a federal grant from the U.S. Department of Justice’s Bureau of Justice Assistance. The application was successful and the $1.2 million four-year diversion program will be funded almost entirely by that federal grant, but it will require annual contributions of $37,500 each from the city and the county.
The Albany County Commission approved a memorandum of understanding last month, agreeing to hire a Diversion Coordinator who will administer the program. Last week, the Laramie City Council approved the ordinance quoted above.
The new diversion program will exist alongside specialty courts, like the DUI and Drug Courts, under the management of the Albany County Court Supervised Treatment Program. But it differs from those courts in significant ways.
The specialty courts deal with convicted high-risk, high-need offenders. They might help someone give their life a course correction, but they do not keep that person’s record clean.
A diversion program is different. It’s designed to catch people entering the system, who have been charged but not convicted. If such an individual qualifies to take part in the diversion program, their journey through the court system would be paused as they sign a “diversion contract” committing them to treatment, restitution, community service or other requirements. Upon completion of those terms, their charge would be dropped.
To be eligible, the arrestee must be an adult, must not be facing DUI charges, and must not have been currently on parole or probation at the time of their arrest. They must also plead guilty, waive their right to a speedy trial and waive their right to appeal a conviction should they fail the diversion program.
This mandatory waiving of one’s rights bothered local defense attorney Linda Devine, who told the council she was excited to see a diversion program established, but had reservations.
“I think we need to make sure in our quest to allow people to use the diversion program so that they don’t get a conviction that we’re careful that we’re not [dis-]allowing people to exercise the right to challenge something that they believe could be unconstitutional,” Devine said.
City Attorney Bob Southard said he was offended by the suggestion the program did anything but help those otherwise facing life-altering convictions.
“I take extreme umbrage that we drafted an ordinance to violate anybody’s constitutional rights,” he said. “I have taken an oath of this constitution many, many times in my life, and I take it seriously. I’ve devoted the last 10 years of my long, long career to help people in this community, in drug court, to get second chances. I consider this an extension of what I have done.”
Councilor Brandon Newman put a finer point on it, speaking to his own experience of having gone through a similar program years ago. He said the program is simply not for those wishing to challenge their charges, but is instead for those who recognize they messed up and want to do better.
“Whoever is going into this program should take accountability for what they’ve done,” he said. “If they don’t, in my opinion, the program’s not designed for them.”
Successful completion of the diversion program — which could take anywhere from one month to a year — will result in the full dismal of all charges that landed the participant in the diversion program.
Of course, success is not guaranteed.
“If a defendant does not comply with the terms, conditions and requirements of the Diversion Program, a defendant’s participation in the program may be terminated at the discretion of the adult diversion program,” the city’s ordinance states, adding that once a participant is kicked out of the program, a hearing will be set in Municipal Court and the defendant will be convicted of their deferred charges. “The Defendant shall be required to appear for said hearing and has no right to appeal the conviction for each offense.”
The council established the program with a unanimous 9-0 vote.
Disclosure: Linda Devine is planning to host a fundraiser for the Laramie Reporter through her Devine Eats storefront later this month.
While I commend the establishment of this program and view it as progress, no one should have to give their rights to go through this program. The accused should be offered a continuance or something similar and then if successful their case “disappears” and if not they get their day in court. The fact that they are forced to choose smacks of “Sophie’s choice”. Shame on big brother upps I mean the council.